Terms of Service
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Acceptance of Terms of Service
ENTERPRISE AGREEMENT: These Terms establish the legal framework for accessing NIDSARK's award-winning cybersecurity platform, trusted by Fortune 500 companies and government agencies worldwide.
The following terms and conditions, together with any referenced documents (collectively, "Terms of Service") are a legal agreement between you, your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, "you" and "your"), and NIDSARK TECHNOLOGIES LLC ("NIDSARK", "we," "us" and "our"). Except as otherwise provided herein, the Terms of Service apply to NIDSARK's public websites, including without limitation www.nidsark.com (collectively "Website").
These Terms of Service form a binding contract between you and us when accepted by you. You accept these terms of use by accessing or using the Website. If you do not agree to these Terms of Service, you may not use the Website. This Website is offered and available only to users 18 years of age or older. The individual accepting these Terms of Service represents that he or she is of legal age to form a binding contract with us, and, to the extent accepting these terms on behalf of an entity, has the authority to represent the entity. If you do not meet all these requirements, you must not access or use the Website.
We may revise and update these Terms of Service from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes apply prospectively only. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.
Personally identifiable information collected about you by this Website is treated in accordance with the Privacy Policy available at /privacy-policy ("Privacy Policy"), which is hereby incorporated into these Terms of Service by reference. If you do not agree to these Terms of Service or Privacy Policy, you must exit the Website.
Website Access & Availability
We reserve the right to terminate or modify the Website including any of its content, in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
Service Level Commitment
While we maintain enterprise-grade infrastructure with 99.99% uptime targets, scheduled maintenance and security updates may temporarily affect availability. Critical security updates may be implemented without prior notice to protect our platform and users.
User Accounts & Security
To access portions of the Website or certain resources, you may be asked to provide certain registration details or other information. If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party.
Your Responsibilities
- ⢠Maintain confidentiality of credentials
- ⢠Implement multi-factor authentication
- ⢠Report security incidents immediately
- ⢠Monitor account activity regularly
Our Rights
- ⢠Disable accounts for security reasons
- ⢠Require additional authentication
- ⢠Monitor for suspicious activity
- ⢠Enforce access control policies
You agree that you are solely responsible to us for all activities identified with your account. You agree to immediately notify NIDSARK of any unauthorized use of your user name or password or any other breach of security. NIDSARK has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Service.
NIDSARK Platform & Services
The "Website" does not include the NIDSARK cybersecurity platform, products or services, and these Terms of Service do not govern the use or provision of any NIDSARK or NIDSARK partner product or service, including without limitation the NIDSARK Security Platform, regardless of whether such use is on a free, trial or paid basis.
PLATFORM ACCESS: You may initiate trials of certain NIDSARK products and services through the Website. The provision of those trials is governed by separate Service Agreements and is not subject to these Website Terms of Service.
Enterprise Platform
- ⢠Next-Generation SIEM with AI/ML
- ⢠Managed Detection and Response (MDR)
- ⢠Extended Detection and Response (XDR)
- ⢠Cloud Security Posture Management
- ⢠Threat Intelligence Platform
Professional Services
- ⢠Digital Forensics & Incident Response
- ⢠Penetration Testing & Red Team
- ⢠Security Architecture & Engineering
- ⢠Compliance & Risk Assessment
- ⢠Executive Cyber Risk Advisory
User Content & Intellectual Property
You and other thirdâparty users of the Website may be permitted to post, submit, contribute, publish, display, make available or transmit to others (hereinafter, "post") information, data, or other content, including but not limited to executable scripts, files, code, APIs, webhooks, keys, URLs, applications or other materials (collectively, "User Content") on or through the Website.
Content License Grant
Unless otherwise expressly provided, User Content is considered nonâconfidential and nonâproprietary, and you hereby grant to NIDSARK a perpetual, irrevocable, royaltyâfree, fullyâpaid, sublicensable, transferable, nonâexclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User Content that you post for any purpose.
User Content Liability
Notwithstanding anything to the contrary in any agreements between you and us, you are wholly liable for the User Content that you submit and all use thereof, and NIDSARK shall have no liability for such User Content or use. You represent and warrant that you own, or have a right of use from a third party, the User Content that you submit for the purpose for which you submit it.
Acceptable Use Policy
Professional Conduct Standards
Acceptable Conduct
- ⢠Professional and courteous communication
- ⢠Respect for intellectual property rights
- ⢠Compliance with applicable laws
- ⢠Constructive collaboration and feedback
- ⢠Responsible disclosure of security issues
Prohibited Activities
- ⢠Unauthorized access or penetration testing
- ⢠Distribution of malware or harmful code
- ⢠Harassment, abuse, or discriminatory content
- ⢠Commercial solicitation without permission
- ⢠Violation of export control regulations
Security-Specific Prohibitions
- ⢠Attempting to gain unauthorized access to systems or data
- ⢠Performing unauthorized security scans or vulnerability testing
- ⢠Transmitting sensitive data (PII, PHI, financial information) without authorization
- ⢠Circumventing security measures or access controls
- ⢠Using the platform for competitive intelligence gathering
Third-Party Content & Export Restrictions
Mention of third parties and thirdâparty products in any materials, advertising, promotions or content provided to you is for informational purposes only and constitutes neither an endorsement nor a recommendation. All thirdâparty product specifications and descriptions are supplied by the respective vendors or suppliers, and NIDSARK shall have no responsibility with regard to the selection, performance or use of such vendors or products.
Export Control Compliance
You may not access, download, use or export materials posted to the Website in violation of U.S. export laws or regulations or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority.
You represent and warrant that you are not located in, and shall not use the Website from, any country that is subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan and Syria).
Monitoring & Enforcement
NIDSARK may, in its sole discretion:
Content Management
- ⢠Remove or refuse to post any User Content
- ⢠Terminate access for violations
- ⢠Edit or moderate content as necessary
- ⢠Preserve content for legal proceedings
Legal Actions
- ⢠Disclose user identity to claimants
- ⢠Report illegal activities to authorities
- ⢠Pursue civil or criminal remedies
- ⢠Cooperate with law enforcement
FEEDBACK RIGHTS: NIDSARK shall have a perpetual, irrevocable, royaltyâfree, fullyâpaid, sublicensable, transferable, nonâexclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback, comments, suggestions, communications, and requests for improvements or enhancements relating to the Website or the NIDSARK products and services.
Enterprise-Standard Legal Framework
INDUSTRY-STANDARD TERMS: These provisions reflect established practices in the enterprise cybersecurity industry
Disclaimer of Warranties
AS BETWEEN YOU AND NIDSARK, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED TO YOU BY NIDSARK ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER NIDSARK NOR ANY PERSON ASSOCIATED WITH NIDSARK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
Limitation of Liability
EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL NIDSARK, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.
Excluded Damages:
- ⢠Direct, indirect, special damages
- ⢠Loss of revenue or profits
- ⢠Business interruption
- ⢠Loss of data or goodwill
Liability Cap:
Total liability limited to the lesser of $1,000 USD or amounts paid in the preceding 12 months
Client Indemnification
You will indemnify, defend and hold harmless NIDSARK and its affiliates, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys' fees) arising from or related to any User Content you submit or your use of the Website.
Governing Law & Dispute Resolution
Governing Law
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia in the United States.
Jurisdiction & Venue
The sole and exclusive jurisdiction and venue for actions arising under these Terms of Service shall be state and federal courts in Virginia, and the parties agree to service of process in accordance with the rules of such courts.
Class Action Waiver
You waive any right to pursue claims as part of a class action, collective action, or representative proceeding. All disputes must be resolved on an individual basis.
Entire Agreement & Modifications
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Service Agreements
For the avoidance of doubt, these Terms of Service do not supersede NIDSARK Service Agreements or other agreements pursuant to which you have been granted the right to use or access a NIDSARK product or service, except to the extent that these Terms of Service provide that Website content or offerings are not subject to warranty or entitled to support, service credits, refunds, or other service entitlements under a product or services agreement.
Legal Contact Information
NIDSARK Technologies LLC
Legal Department
Commonwealth of Virginia, USA
Emergency Legal Contact:
For urgent legal matters requiring immediate attention
Available 24/7 for enterprise clients
Last updated: January 8, 2025